This information was gathered under my own research. I am not a trained legal body but have attempted to produce accurate information.
This is an update to my previous blog post about stalking which you can read here: http://www.khandiekhisses.com/my-social-network-stalker/
In my line of work it is rather easy to pick up the odd avid fan or dare I say ‘weirdo’. Normally it is nothing more than a bit of harmless slightly odd messaging but sadly this is not always the case. Please note though that just because I am somewhat in the public eye, I do not deserve nor asked for it. Stalking and harassment can happen to anyone. I mean it. ANYONE. Male or female.
Following a recent spat of abuse on my Facebook fan page I thought it was time to just check what the laws were on stalking and harassment but more importantly keep those of us who have experienced such things abreast of the situation. I am not talking the odd snide comment about someone here. I am talking about purposely and vindictively harassing and stalking a person.
I have been stalked and harassed many times with 3 separate individuals being reported to the police and action being taken. I learnt the hard way that ignoring the situation, suffering alone and putting on a brave face will destroy you. It took me a long time, almost too long to pluck up the courage to report it. When I did, it was in the nick of time. The second and third time it happened I did not need to think twice.
14% of people in the UK will become victims of stalking
(various sources)
Firstly I will point out however there is legal definition of ‘stalking’. Please also note that there is no set period of time for the incidents of harassment or stalking to occur. So it can be in the same day or months a part!
Under the Protection From Harassment Act of 1997 there are now two new sections:
2A – covers offences under a long term pattern of persistent, repeat contact. Maximum 6 months imprisonment and/or a level 5 fine (under UK Standard scale is £5,000).
4A – covers stalking involving fear of violence or serious alarm or distress. There must be at least 2 occasion that cause substantial alarm or effect the day to day living of the victim. Magistrates court can award a maximum 6 months imprisonment and/or Level 5 fine. Crown courts can award a maximum 5 year prison sentence and/or an unlimited fine.
This means there is a new and more clearly defined way in which to deal with this growing problem. Sadly due to the popularity of social networking with the likes of Twitter and Facebook ever growing in popularity, it is now easier than ever to stalk someone. But just because you put the information out there, does not mean it gives someone the right to harass or stalk you.
Some victims experience over 100 incidents of stalking or harassment before they report it.
(various sources)
Who Can Help/Support You
Your first point of call should be the police. Please do not believe the many misconception that they will not believe you. Police now are being re-trained and educated further into the this type of crime so do not feel ‘silly’ or ‘childish’ to speak to them. There is no shame in saying you wont stand for something.
In addition to the police though also consider the following for help and support:
- National Stalking Helpline 0808 802 0300. 09:30 – 16:00 Weekdays (except Wed 13:00 – 16:00). There website offers help on how to cover your tracks if you are being stalked too.
- Protection Against Stalking (PAS)
- Network for Surviving Stalking (NSS)
- Social Services.
- Multi-Agency Risk Assessment Conferences (MARACs)
- Witness Care. Provided by the prosecution services.
- Local organisations specialising in victim support.
1 in 3 victims have lost their job, relationships or been forced to move house because of stalking and harassment.
Keeping Safe
If you are being stalked or suspect so, here are some handy tips:
- Adjust your privacy settings on your websites and smart phones. Be aware some apps we download store our locations and can be tracked. Dating apps often do this.
- Install CCTV and panic alarms.
- Change your passwords reguarly.
- Install appropriate anti-virus software.
- Keep a diary of events.
- Inform trusted people of your whereabouts.
Your police officer should provide you with contact details of someone you can call in the event of an incident.
57% of victims did not go to the police for fear of ridicule and ignorance
Keeping Records
It is very good practise to keep a diary of events to help with your case but sometimes we are unsure exactly what to record so here is some help:
- Time.
- Date.
- Location when incident occured (home, supermarket etc).
- Photos.
- Description of offender.
- Nature of the act.
- How you felt.
- Details of any witnesses.
- Any Police Incident Numbers (PIN).
Types of Stalker
The law has started to categorise stalkers/harassers though this list is not exhaustive:
- Rejected ex-partners.
- Resentful ex-partners.
- Intimacy seekers.
- Incompetent suitors.
- Predatory stalking.
Examples of Acts of Stalking/Harassement
Again this list is not exhaustive
- Threats.
- Spying.
- Damage.
- Gifts.
- Loitering.
- Threatening behaviour towards friends or new relationships.
- Using children or a 3rd party as a vehicle to harass.
Identifying The Risks
In order to effectively deal with this crime, there are now two models to help identify and assess the risks:
- DASH – Domestic Abuse, Stalking and Harassment and Honour-based Violence.
- Stalking Screening Tool (SST)
DASH is used for domestic cases whilst SST is for non-domestic cases.
What Can They Do?
The Police have the powers of arrest, entry, search and seizure. They are also able to issue a Police Information Notice (PIN) which can be kept on file and used if necessary in future cases.
Counter Allegations
Often, the victim can find themselves be counter accused of being the stalker/harasser. This is often most upsetting but unfortunately the police must investigate as they are duty bound to under the Criminal Procedures and Investigation Act of 1996. Try not to be get upset if this happens. Remember to tell the truth regardless and just remember they have to do it regardless.
Possible Sources of Evidence
There are many ways in which to source information to build a case against your harasser/stalker.
- Emails.
- Computer records.
- Phone calls.
- Text messages.
- Social media messages.
- Objects used in incidents.
- Video/photos
- Statements from friends/family/witnesses/doctors/colleagues.
Please note however that all evidence will be shown to the accused’s defense team. Do not let this upset you. They will be expected to explain the occurrences.
Be sure to write a Victim Personal Statement as this will describe in your own words how you felt during the whole event and can be used to help make decisions regarding restraining orders.
Also keep your diary of events up to date with evidence and your feelings at the time of each event.
1 in 2 stalkers carry out threats of violence.
Dont Suffer Alone
In this modern world where everyone seems to be connected to everyone, it can often feel very isolating to be harrassed or stalked. Do not let the isolation creep in as this is what the person wants so you turn to them. Be strong and go to the police. No one needs to suffer this sort of abuse alone. I have been stalked/harassed a few times now and not just as my Khandie Khisses persona but as the real (vanilla if you will) me. It was almost life destroying as I did not feel I could trust anyone. Dont let that be you. Dont repeat my initial mistake. Take control back from these people.
In the meantime, keep safe.
Khandie Khisses
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